Failure To Deliver Documents And Cancellation Of Allotment: Delhi State Commission Holds Essel Housing Liable For Deficiency In Service
1 week ago

Failure To Deliver Documents And Cancellation Of Allotment: Delhi State Commission Holds Essel Housing Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held that builders have a duty to assist buyers and failure to deliver requisite documents amounts to deficiency in service Brief Facts of the Case The complainants booked a flat with Essel Housing Projects/builder and later changed the payment plan to a “Dream Scheme.” Despite making initial payments, they faced delays in receiving essential documents from the builder required for securing a bank loan. Observations by the State Commission The State Commission observed the builder failed to provide necessary documents promptly, delaying the complainants' ability to secure a loan. Relying on principles established in Modern Insulators Ltd. vs. Oriental Insurance Co. and other cases, the commission emphasized the builder's duty of care and responsibility to assist buyers. It ruled that the builder's failure to deliver documents and the hasty cancellation of the allotment constituted a clear deficiency in service.

Delhi State Commission Builder Complainants Deliver Documents Housing Liable  essel  cancellation  loan  failure  deliver  documents  holds  state  housing  liable  builder  complainants  commission  delhi  builders  deficiency  allotment  service

History of this topic

Failure To Meet Contractual Obligations: Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service
4 weeks, 2 days ago

Failure To Meet Contractual Obligations: Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held TDI Infrastructure liable for deficiency in service due to non fulfillment of contractual obligations and delay in handing over the possession. Frustrated by the builder's failure to deliver possession within the promised timeframe, the complainant filed a complaint before the State Commission, alleging deficiency. According to …

Failing To Refund Advances As Per Agreed Terms: Delhi State Commission Holds TDI Infracorp Liable For Deficiency In Service
1 month ago

Failing To Refund Advances As Per Agreed Terms: Delhi State Commission Holds TDI Infracorp Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that failing to refund advances as per the terms of the agreement amounts to deficiency in service. Contentions of the Builder The builder argued that the complaint is not maintainable as the complainant is merely a speculative investor and not a “Consumer” as per the Consumer Protection …

Delay In Handing Possession And Failure To Refund : Delhi State Commission Holds J.M. Housing Ltd Liable For Deficiency In Service
1 month ago

Delay In Handing Possession And Failure To Refund : Delhi State Commission Holds J.M. Housing Ltd Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that a delay in handing possession to the buyer is a continuous wrong and failure to refund for the same, amounts to deficiency in service. Observations by the State Commission The State Commission observed that the complainant qualifies as a consumer under the Consumer Protection Act, as …

Giving False Assurances For Possession Of Apartment And Subsequent Cancellation Of Allotment Is 'Deficiency In Service' : Delhi State Commission
1 month ago

Giving False Assurances For Possession Of Apartment And Subsequent Cancellation Of Allotment Is 'Deficiency In Service' : Delhi State Commission

Live Law  

The Delhi State Consumer Disputes Redressal Commission has held Cosmos Infra Engineering ltd. liable for providing deficient services with respect to construction and possession of an apartment under a housing project. Brief background of the case: An apartment was booked by the Complainant under a project- Cosmos Golden heights of the developer company situated in Ghaziabad, Uttar Pradesh. Thus, the …

Failure To Fulfill Contractual Obligations: NCDRC Holds Dhwani Associate Developers Liable For Deficiency In Service
1 month, 1 week ago

Failure To Fulfill Contractual Obligations: NCDRC Holds Dhwani Associate Developers Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that failure to fulfill contractual obligations and delay in handing over possession amounts as deficiency in service. The builder further claimed that the State Commission acted without proper evidence and that the complainants intentionally hid facts, including an injunction order from the Bombay High …

Delhi State Commission Holds Ansal Housing Liable For Failure To Deliver Flat Possession Within Stipulated Time
5 months, 2 weeks ago

Delhi State Commission Holds Ansal Housing Liable For Failure To Deliver Flat Possession Within Stipulated Time

Live Law  

The State Consumer Disputes Redressal Commission, Delhi bench of Justice Sangita Dhingra Sehgal and Mr J.P. Agrawal held 'Ansal Housing Ltd.' liable for deficiency in service for failure to deliver a flat within the stipulated contractual period. Since the possession of the unit with the agreed facilities was not delivered, nor was the amount refunded, the State Commission observed that …

Delhi State Commission Holds Emaar MGF Liable For Failure To Deliver Flat Within Stipulated Time
5 months, 2 weeks ago

Delhi State Commission Holds Emaar MGF Liable For Failure To Deliver Flat Within Stipulated Time

Live Law  

The State Consumer Disputes Redressal Commission, Delhi bench comprising Justice Sangita Dhingra Sehgal and Mr J.P. Agrawal held 'Emaar MGF Land Ltd.' liable for deficiency in service for failure to deliver possession of a flat within the stipulated time. Brief Facts: The Complainants booked a flat in the project 'Gurgaon Green/Group Housing Colony' to be manufactured by Emaar MGF Land …

Purchasing Multiple Houses Does Not Automatically Imply Commercial Purpose: Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service
6 months ago

Purchasing Multiple Houses Does Not Automatically Imply Commercial Purpose: Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki, held that the ownership of multiple houses does not inherently demonstrate commercial intent. Contentions of the Builder The builder contended in the appeal that the District Commission had failed to consider that the respondents were not consumers under the Consumer Protection Act 2019, as the apartment was …

Mere Ownership Of Multiple Properties Doesn't Imply Commercial Intent: Delhi State Commission Holds Omaxe Ltd. Liable For Deficiency In Service
6 months, 1 week ago

Mere Ownership Of Multiple Properties Doesn't Imply Commercial Intent: Delhi State Commission Holds Omaxe Ltd. Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra and Ms. Pinki, held Omaxe Ltd. liable for deficiency in service due to a delay in delivering possession of the flat to the buyer. Ltd., the commission underscored that mere ownership of multiple properties doesn't necessarily imply commercial intent. Despite an arbitration clause in the agreement, the commission maintained jurisdiction, as …

Buyer Cannot Be Forced To Accept Possession After Unreasonable Delays: Delhi State Commission Holds M2K Infrastructure Liable For Deficiency In Service
6 months, 1 week ago

Buyer Cannot Be Forced To Accept Possession After Unreasonable Delays: Delhi State Commission Holds M2K Infrastructure Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Ms. Pinki and Ms. Bimla Kumari, held M2K Infrastructure liable for deficiency in service due to delay in handing over the possession of the flat to the buyer. Alleging poor construction quality and misrepresentation by the builder, the complainants filed a complaint before the State Commission. The builder denied any service deficiencies or unfair …

Delay In Delivery Of Possession, New Delhi District Commission Holds Ansal Landmark Townships Liable
6 months, 2 weeks ago

Delay In Delivery Of Possession, New Delhi District Commission Holds Ansal Landmark Townships Liable

Live Law  

The District Consumer Disputes Redressal Commission-VI, New Delhi bench Ms Poonam Chaudhry and Shri Shekhar Chandra held Ansal Landmark Townships liable for negligence and deficiency in service for failure to deliver possession of the booked unit within the designated time. An agreement was executed between the Complainant and M/S Ansal Landmark Townships Private Limited on 23rd August 2009. Feeling aggrieved, …

Builder Cannot Demand Interest For Delayed Projects: NCDRC Holds Puri Construction Liable For Deficiency In Service
6 months, 3 weeks ago

Builder Cannot Demand Interest For Delayed Projects: NCDRC Holds Puri Construction Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that builders cannot demand interest from the buyer if the project is already delayed beyond the agreed-upon time. The commission noted that the complainants made around 60% of the payment and were willing to pay the balance sale consideration, but the builder kept raising demands for interest, …

Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service Over Delay In Handing Over The Flat By More Than 15 Years
8 months, 1 week ago

Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service Over Delay In Handing Over The Flat By More Than 15 Years

Live Law  

Delhi State Consumer Disputes Redressal Commission, headed by Justice Sangita Dhingra Sehgal alongside member Ms. Pinaki, held that if possession is not delivered within 42 months or beyond 48 months, it constitutes a deficiency in service on the part of the builder Brief Facts of the Case The complainant booked a flat in the “TDI CITY” project developed by TDI …

Discover Related